Build culture of openness with patients not contract, says MPS response to Duty of Candour consultation

02 Feb 2012

We are concerned that the proposed contractual mechanism will serve as little more than a ‘tick box’ exercise for organisations

In its response to the Department of Health’s (DH) consultation on implementing a Duty of Candour, the Medical Protection Society (MPS) is again voicing the view that a culture of openness is the most effective way to improve open communication with patients.

This follows the Government’s proposal to introduce a ‘contractual mechanism’ between healthcare providers and commissioners to ensure that adverse events are declared to patients.

Dr Stephanie Bown, MPS Director of Policy and Communications, says: “We are concerned that the proposed contractual mechanism will serve as little more than a ‘tick box’ exercise for organisations. More needs to be done to foster a culture of openness and a contractual requirement that organisations make a ‘declaration’ of compliance on their website, is little more than tokenistic.”

An MPS survey from 2011 showed overwhelming agreement by doctors and patients that those in the healthcare profession should be open with their patients when an adverse incident occurs.

Patients want their doctors and healthcare providers to provide high quality personalised communications because it’s the right thing to do, not because it’s a contractual requirement

Commenting on the survey, Dr Bown says: “We know that doctors want to be open and honest with their patients when something goes wrong, but there are often barriers that may deter them from doing so. For example, when a mistake occurs 70% of doctors said they received no or limited support from their organisation1.

“Although we recognise that ‘the decision to impose a contractual requirement is set’, doctors need to feel supported in fulfilling their professional obligations through training, mentorship and strong leadership. Organisations which embrace this approach and build a culture of openness will be more successful than those which adopt a narrow contractual compliance view. We are concerned that the fear of financial penalties for breach of contract will be a disincentive to achieving the cultural change necessary to support openness.

“Patients want their doctors and healthcare providers to provide high quality personalised communications because it’s the right thing to do, not because it’s a contractual requirement.”

For more information, please see MPS’s consultation response and A culture of openness: The MPS perspective.

More information

Please contact Gareth Cockman, Press Officer at MPS on +44 207 399 1319 or email gareth.cockman@mps.org.uk for more information.

  1. Figures referred to are from an online poll of 541 UK MPS members in March 2011, which involved GPs, consultants and non-consultant hospital doctors.
  2. For more information on the survey, please click the following links for the MPS press releases from 7 and 13 July 2011 respectively:

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